Before the District Consumer Disputes Redressal Commission, Rohtak.

                                                          Complaint No. : 175.

                                                          Instituted on     : 29.03.2023

                                                          Decided on       : 09.07.2024.

Krishna Devi age 72 years w/o Sh. Ram Kumar r/o House no.33, Sector-14, Rohtak.

                                                                             ………..Complainant.

                                      Vs.

The Oriental Insurance Co. Ltd. Jawahar Building Opp. D Park Delhi Road,Rohtak.

                                                                             …….Opposite party.

          COMPLAINT U/S 35 OF CONSUMER PROTECTION ACT

BEFORE:  SH.NAGENDER SINGH KADIAN, PRESIDENT.

                   DR. TRIPTI PANNU, MEMBER.

                   DR.VIJENDER SINGH, MEMBER.

Present:       Sh.S.S.Kinha, Advocate for the complainant. 

                   Sh.Sandeep Raj, Advocate for the opposite party.

                                                ORDER

NAGENDER SINGH KADIAN PRESIDENT:

1.                Brief facts of the case, as per the complainant are that  she is registered  owner of a Truck  bearing registration No.HR-46D-9825 and the same was got  insured with the respondent vide policy No.261200/31/20122/2329. The above said vehicle met with an accident and was completely damaged. FIR No.255 of 2022 was registered in PS Bagru District Jaipur.  The complainant immediately informed about the accident to the opposite party and requested the opposite party to pay the claim amount  but the opposite party avoided the same on one pretext or the other. Now the opposite party has issued a letter dated 20.02.2023 vide which the claim has been repudiated on false and baseless allegations that no spot survey was conducted, no FIR was registered for the said accident, dead body of Mr. Kalu Ram was found 15 ft. away from the road, no eye witness of said accident, police has impounded the vehicle after 3 days and no information of accident was given to police. The alleged grounds taken by the opposite party are totally wrong and illegal. Hence this complaint and   it is prayed that opposite party may kindly be directed to pay the amount of claim in full and final amounting to Rs.100000/- alongwith interest @ 18% p.a. from the date of accident till payment and also to pay Rs.50000/-   for causing unnecessary harassment& financial loss to the complainant and Rs.33,000/- as litigation expenses to the complainant.

2.                After registration of complaint, notice was issued to the opposite party. Opposite party in preliminaryobjections of its reply has submitted that opposite party  deputed the investigator Mr.R.C.Mangal for assessment of loss/damage of vehicle in question i.e. HR46D-9825. The above investigator investigated the case and found that No spot survey was conducted, No FIR was registered for said accident, Dead body of Mr. Kala Ram was found 15 feet away from road Pulia, No eye witness and police has impounded the vehicle after 3 days from the accident etc. On basis of said investigation report, the opposite party has rightly repudiated the claim vide letter dated 20.02.2023.  On merits, it is submitted that  there is unexplained delay of 2 days in lodging the FIR. As per contents of FIR, it was not accident.  All the other contents of the complaint were stated to be wrong and denied and opposite party prayed for dismissal of complaint with costs. 

3.                Ld. Counsel for the complainant in his evidence has tendered affidavit Ex.C1,  documents Ex.CW1/A to Ex.CW1/S and has closed his evidence on dated 22.12.2023. Ld. counsel for the opposite party tendered affidavit Ex.RW1/A, document Ex.R1 to Ex.R7 and closed his evidence on dated 28.05.2024. 

4.                We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.

5.                We have perused the documents placed on record by both the parties. As per document Ex.CW1/B the claim of the complainant has been rejected on the ground that:

1. No spot survey was conducted,

2. No FIR was registered for the said accident.

3. Dead body of Mr. Kalu Ram was found 15 ft. away from the road  &Pulia.

4. No eye witness of said accident.

5. Police has impound vehicle after 3 days from the accident

6. No information of accident was given to police for register Rojnamcha.

We have minutely perused the grounds mentioned in Ex.CW1/B. As per our opinion the perusal of documents itself shows that FIR  was registered in this case.  Some other clarifications and documents have also been demanded from the complainant. But these clarifications are not required to decide the OD claim. It has not been pleaded anywhere by the insurance company that the damages were caused intentionally. So the claim of the complainant has been wrongly denied by the insurance company. Hence the complainant is entitled for the claim amount. After perusal of surveyor report Ex.R5, we have observed that as per surveyor report the estimated cost(parts +labour) in the repair of the vehicle comes to Rs.130180/- whereas the surveyor has assessed the total liability towards the insurance company as Rs.43400/- after deducting the less excess clause as Rs.1500/- and salvage Rs.1686/-. The perusal of report itself shows that the estimated cost regarding labour was assessed as Rs.42500/- and surveyor has assessed the labour charges as Rs.21050/-. As per survey report page no.6 the surveyor has annexed a bill amountingto Rs.28800/- regarding labour charges.  As such the complainant is entitled for the claim amount as assessed by the surveyor amounting to Rs.43400/- by adding the amount of labour charges which was less assessed by the surveyor i.e. Rs.7750/-(Rs.28800/- less Rs.21050/-).

7.                In view of the facts and circumstances of the case, we hereby allow the complaint and direct the opposite party to pay the claim amount of Rs.51150/-(Rupees fifty one thousand one hundred and fifty only) alongwith interest @ 9% p.a. from the date of filing the present complaint i.e.29.03.2023 till its realisation and also to pay a sum of Rs.10000/-(Rupees ten thousand only) as compensation on account of deficiency in service aswell as Rs.5000/-(Rupees five thousand only) as litigation expenses to the complainant within one month from the date of decision.  

8.                Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.

Announced in open court:

09.07.2024.

                                                          ........................................................

                                                          Nagender Singh Kadian, President

                                                          ..........................................

                                                          TriptiPannu, Member.

.........................................

                                                         Vijender Singh, Member.